First Take

Legal

Terms and conditions

Last updated [date]

These terms govern your use of the First Take desktop app and the services behind it (together, "First Take"), provided by [legal entity name], ABN [number] ("we", "us"). By creating an account or using First Take you agree to them.

1. The service

We're improving First Take all the time. Features may change, and the service may occasionally be unavailable. [Service levels, if any.]

2. Your account

You sign in with a one-time code sent to your email. Keep access to that email secure; you're responsible for activity on your account. Accounts are for one person. Don't share your account or sign-in.

3. Plans and payment

  • Plans are billed monthly or yearly in advance, in Australian dollars including GST, and renew automatically until you cancel.
  • Free trial: the Starter plan includes a 7-day free trial, one per person. We take a card at the start and charge it when the trial ends unless you cancel first.
  • Upgrades take effect immediately. We charge the difference for the rest of the current billing period.
  • Downgrades and switches from yearly to monthly take effect at the end of the current billing period.
  • Cancelling stops future renewals. Your plan keeps working until the end of the period you've paid for.
  • If a payment fails we'll retry it, and AI features may pause until it succeeds.
  • [Refunds policy, and the consumer guarantees that can't be excluded under the Australian Consumer Law.]
  • We may change prices with [notice period] notice. Changes apply from your next renewal.

4. Credits and usage limits

  • Each plan includes a monthly allowance of credits, which AI features use. It resets each month on your renewal date and doesn't roll over.
  • Top-up credits you buy are used after your monthly allowance, don't expire, and stay with your account if you change plans. [Refunds for unused top-ups.]
  • When you've used your credits, AI features pause until your allowance resets, you add credits, or you upgrade.
  • We may change the credit cost of features with [notice period] notice.

5. Acceptable use

Don't use First Take to:

  • break the law or infringe anyone's rights, including copyright and likeness;
  • create content that impersonates a real person without their consent;
  • generate harmful, abusive or deceptive material;
  • get around usage limits, resell access, or access the service other than through the app;
  • breach the usage policies of our AI providers [link list].

6. Your content

Your workspaces stay on your computer. Content you send to AI features (prompts, scripts, recordings, images) is processed by us and our AI providers to produce results. You own what you put in and, to the extent the law allows, what First Take produces for you. You're responsible for having the rights to what you upload.

7. Third-party services

First Take uses third-party AI providers, including [Vercel AI Gateway and the model providers behind it, and ElevenLabs]. Their availability and output are outside our control.

8. Disclaimers and liability

[Warranty disclaimer, limitation of liability, and the consumer guarantees that can't be excluded under the Australian Consumer Law.]

9. Ending your account

You can stop using First Take at any time. We may suspend or close accounts that breach these terms. [Data retention after closure.]

10. General

These terms are governed by the laws of [state], Australia. Contact us at [email].